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57 Crim. L. Bull. 407 (2021)
Electronic Monitoring

handle is hein.journals/cmlwbl57 and id is 411 raw text is: Correctional and Sentencing Law Commentary Electronic Monitoring Christine S. Scott-Hayward and Erin Eife** I. INTRODUCTION Electronic monitoring (EM) is a method of surveilling and tracking people under the supervision of the criminal legal system, typically using an ankle bracelet. Most people on EM are tracked using a GPS device, which uses global positioning systems to constantly track the location of the person being surveilled, whether inside or outside a residence. Although diminishing in popularity, many people, particularly those subject to home confinement or house arrest, are monitored using radio frequency (RF) devices; these devices measure whether the individual on EM is within the home monitoring unit's range.' Long relied on by correctional authorities, the use of EM as both a condition of community supervision sentences (probation, parole, and post-release supervision) and a condition of pretrial release has been increasing steadily in recent years.2 A 2016 survey by the Pew Charitable Trusts found that more than 125,000 people were 'Christine S. Scott-Hayward is an Associate Professor in the School of Criminology, Criminal Justice, and Emergency Management at California State University, Long Beach. She eamed a Bachelor of Civil Law from University College Dublin, a Master of Arts in social science from the University of Chicago, and a Ph.D. in law and society from New York University. **Erin Eife is a Ph.D. Candidate in Sociology at the University of Illinois at Chicago. Her research focuses on impact of the legal system on the lived experi- ences of people who are criminalized. Her dissertation investigates pretrial release, surveillance, and the citizenship rights of people awaiting trial in Cook County, il- lustrating how people on pretrial release experience surveillance before their cases are adjudicated. 'See generally Electronic Frontier Found., Street-Level Surveillance: Electronic Monitoring, EFF.ORG, https://www.eff.org/pages/electronic-monitoring (last visited Feb. 2, 2021). A third, but as yet uncommon form of EM involves the use of smartphone applications. See Mike Nellis, Better than Human? Smartphones, Artificial Intelligence and Ultra-Punitive Electronic Monitoring 5 (Jan. 29, 2019), http s://www.challenaingecarceration.ora/wp-content/uploads/2019/01/TI-and-Smart-EM- Final-.pdf. 2See generally, Malcolm M. Feeley, Entrepreneurs of Punishment: How Private Contractors Made and Are Remaking the Modem Criminal Justice System - An Account of Convict Transportation and Electronic Monitoring, 17 CRIMINOLOGY, 0 2021 Thomson Reuters Criminal Law Bulletin . vol. 57 No. 3 407

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